REGULAR MEETING OF THE BOARD OF SUPERVISORS

ORANGE COUNTY, CALIFORNIA              


Tuesday, March 12, 2019,
9:00 A.M.

 

BOARD HEARING ROOM, FIRST FLOOR

333 W. Santa Ana Blvd., 10 Civic Center Plaza

Santa Ana, California

 

 

LISA A. BARTLETT

CHAIRWOMAN

Fifth District

 

 

MICHELLE STEEL                         

VICE CHAIR                             

Second District

 

 

ANDREW DO

SUPERVISOR

First District

 

 

 

VACANT                                 

SUPERVISOR                             

Third District

 

 

DOUG CHAFFEE

SUPERVISOR

Fourth District

 

ATTENDANCE:  All Present

 

EXCUSED:         None                                                                           

 

PRESENT:

COUNTY EXECUTIVE OFFICER

 

Frank Kim

 

COUNTY COUNSEL

 

Leon J. Page

 

CLERK OF THE BOARD

 

Valerie Sanchez, Chief Deputy

 

INVOCATION:  Supervisor Do, First District, gave the invocation

 

PLEDGE OF ALLEGIANCE:  Supervisor Chaffee, Fourth District, led the assembly in the Pledge of Allegiance

 

I.    PRESENTATIONS/INTRODUCTIONS

 

Chairwoman Bartlett presented a resolution proclaiming March 17-23, 2019 as "National Surveyors Week"

 

Chairwoman Bartlett presented a resolution proclaiming March 2019 as "Social Work Month"

 

Chairwoman Bartlett presented a resolution recognizing Orange County Visitors Association for their outstanding achievements in tourism for Orange County

 

Chairwoman Bartlett presented a resolution recognizing Jack Golden on his retirement

 

Supervisor Do presented a resolution recognizing Alexander Behura for the "Helping Hands" Special Needs Assistance Program at John Wayne Airport

 

II.   CONSENT CALENDAR (Items 1-12)

 

1245

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF ITEM 3 WHICH WAS PULLED FOR DISCUSSION AND SEPARATE VOTE

 

BOARD APPOINTMENTS

 

 

Chairwoman Bartlett:

 

1.

Coto de Caza Planning Advisory Committee - Reappoint Laer Pearce, Coto de Caza, for term ending 1/31/21

 

2.

Orange County Waste Management Commission - Appoint Donald Froelich, Laguna Hills, to complete term ending 7/1/19

 

3.

Vice Chair Steel - Emergency Medical Care Committee - Appoint Jeffrey Barke, Rossmoor, to complete term ending 6/30/19

2145

APPROVED AS RECOMMENDED

 

ELECTED DEPARTMENT HEADS

 

4.

Sheriff-Coroner - Approve plans and specifications and set bid opening for 4/17/19, 2:00 p.m. for Intake Release Center Module J Controls Renovation project - District 1

 

OC COMMUNITY RESOURCES

 

5.

Approve lease with City of Costa Mesa for 20,000 square feet at Costa Mesa Lions Park Branch Library, 1855 Park Avenue, 10 year term commencing 3/12/19 with option to renew for two additional five-year terms; authorize Chief Real Estate Officer or designee to execute subsequent lease amendments under certain conditions; and make California Environmental Quality Act and other findings - District 2

 

OC PUBLIC WORKS

 

6.

Adopt resolution initiating 2019 Weed Abatement Program and setting public hearing for 4/9/19 to consider assessment to private property for cost of removal of weeds by County or contractor; and make California Environment Quality Act and other findings - All Districts

 

RESO: 19-014

 

SOCIAL SERVICES AGENCY

 

7.

Accept donation of $27,855 from Orangewood Children's Home Auxiliary/LA CASA for construction and installation of sail shade structure over playground at Orangewood Children & Family Center - District 3

 

GENERAL ADMINISTRATION

 

 

Clerk of the Board:

 

8.

Approve use of Personal Identification Numbers for Claim for Refund electronic submittals - All Districts

 

9.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Santa Margarita Water District - District 5

 

10.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Citrus Springs Charter School - District 1

 

11.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Orange County Department of Education - All Districts

 

12.

Approve proposed amendments to the Conflict of Interest Code Designated Filer Exhibits for Irvine Ranch Water District - Districts 1, 2, 3 and 5

END OF CONSENT CALENDAR

 


III.  DISCUSSION ITEMS (Items 13-S22E)

 

ELECTED DEPARTMENT HEADS

 

 

Sheriff-Coroner:

 

13.

Approve amendment 4 to renew contract MA-060-15011787 with Truth Be Told Polygraph LLC for polygraph services, 4/21/19 - 4/20/20 ($270,000; cumulative total $1,080,000); and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

1245

APPROVED AS RECOMMENDED

 

14.

Approve amendment 2 to contract MA-060-17011748 with Dimension Data North America, Inc. for telecommunication technology solution services and products utilizing Fast Open Contracts Utilization Services, 4/26/19 - 4/25/20 ($5,000,000; cumulative total $15,000,000); renewable for one additional year; and authorize County Procurement Officer or authorized Deputy to execute amendment - All Districts

1245

APPROVED AS RECOMMENDED

 

15.

Approve plans and specifications and set bid opening for 6/19/19, 2:00 p.m., for James A. Musick Facility Jail Construction projects, Phase 1 and Phase 2; and adopt list of prequalified contractors - Districts 3 and 5

5124

APPROVED AS RECOMMENDED

 

 

Treasurer-Tax Collector:

 

16.

Receive and file oral and written Treasury Oversight Committee 2018 Annual Report - All Districts

1245

APPROVED AS RECOMMENDED

 

17.

Approve amendment 4 to agreement MA-074-15011660 with Bloomberg Finance L.P. for access to real time electronic investment and financial market information and investment trade order management system, 3/15/19 - 3/14/21 ($707,640; cumulative total $2,072,520); authorize County Procurement Officer or authorized Deputy to exercise cost contingency increase not to exceed 10% under certain conditions; approve amendment 2 to agreement MA-074-16011321 with Bloomberg Finance L.P. for daily security market pricing, 4/1/19 - 3/31/21 ($24,000; new total $62,000); and authorize County Procurement Officer or authorized Deputy to execute amendments - All Districts

1245

APPROVED AS RECOMMENDED WITH THE EXCEPTION OF RECOMMENDED ACTION 3 WHICH WAS CONTINUED TO 3/26/2019, 9:30 A.M.

 

OC PUBLIC WORKS

 

18.

Approve Funding and Implementation Agreement MA-080-18011570 with RMV Realty, Inc. for construction; approve agreement MA-080-18011593 with Santa Margarita Water District for water and sewer relocations for Oso Parkway and Antonio Parkway Intersection Widening Project; and authorize Director or designee to execute future amendments under certain conditions - District 5

5214

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

 

County Executive Office:

 

19.

Approve recommended positions on introduced or amended legislation and consider other legislative subject matters - All Districts

5124

APPROVED AS RECOMMENDED WITH DIRECTION TO CEO LEGISLATIVE STAFF TO WORK WITH ASSEMBLYWOMAN SHARON QUIRK-SILVA'S OFFICE ON STREAMLINING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WITH RESPECT TO PERMANENT SUPPORTIVE HOUSING EITHER AS PART OF CURRENT BILL AB143 OR AS A SEPARATE BILL

 

20.

Approve grant applications/awards submitted by Health Care Agency and Sheriff-Coroner and ratify grant applications/awards submitted by OC Community Resources in 3/12/19 grant report and other actions as recommended - All Districts (Continued Recommended Action Item 2 from 2/26/19, Item 43)

1245

APPROVED AS RECOMMENDED

 

21.

Approve retroactive Assignment, Novation and Consent agreement to transfer and assign  contract MA-017-16010882 from Staff4Jobs, LLC dba Lyneer Staffing Solutions to Lyneer Staffing Solutions, LLC for Human Resources Temporary Help services, effective 2/21/18; and authorize County Procurement Officer or authorized Deputy to execute agreement - All Districts

5124

APPROVED AS RECOMMENDED

 

22.

Office of Campaign Finance and Ethics Commission - Consider second reading and adoption of "An Ordinance of the County of Orange, California Amending Section 1-6-5 of the Codified Ordinances of the County of Orange Adjusting the Limitations on Campaign Contributions" - All Districts (Continued from 2/26/19, Item 45)

1425

APPROVED AS RECOMMENDED

 

 ORD: 19-002

 

S22A.

Chairwoman Bartlett - Direct Health Care Agency to allocate $600,000 of Mental Health Services Act funding to MindOC, the fiscal entity of Be Well Orange County to create countywide suicide prevention initiative

5124

APPROVED AS RECOMMENDED

 

S22B.

Supervisor Do - Adopt resolution to support Medicaid Institutions for Mental Disease (IMD) exclusion waiver; and directing County Executive Officer to send a four signature letter to Governor Gavin Newsom, California Department of Health Care Services and Orange County State Delegation urging the State of California to apply for 1115 Medicated waiver to allow for expansion of Medicaid coverage to excluded population who are in need of inpatient mental health treatment

1524

APPROVED AS RECOMMENDED

 

RESO: 19-015

 

OC COMMUNITY RESOURCES

 

S22C.

Approve Orange County Housing Finance Trust Joint Powers Authority Agreement; and receive and file draft bylaws to facilitate the establishment of the Orange County Housing Finance Trust to provide and receive funds for housing the homeless population and persons and families of low income under certain conditions- All Districts

4512

APPROVED AS RECOMMENDED

 

OC PUBLIC WORKS

 

S22D.

Approve amendment 1 to agreement 18-0037-1 with California Department of Food and Agriculture for reimbursement authority of costs related to inspection of high-risk plant shipments, 7/1/18 - 6/30/19 ($327,542; new total $453,345); authorize Director or designee to execute amendment; and make California Environmental Quality Act and other findings - All Districts

2145

APPROVED AS RECOMMENDED

 

GENERAL ADMINISTRATION

 

S22E.

County Counsel - Acting as the Board of Supervisors and Orange County Flood Control District - Approve agreements with Buchalter, A Professional Corporation law firm for advisory and litigation services for land use, environmental law and planning related legal services; and authorize County Counsel or designee to execute agreements; Acting as the Board of Supervisors - approve amendment 1 to agreement with Dentons US LLP for professional legal services; and authorize County Counsel or designee to execute amendment; Acting as the Orange County Flood Control District - Authorize County Counsel or designee to terminate agreement with Dentons US LLP for professional legal services - All Districts

1245

APPROVED AS RECOMMENDED

 

IV.  PUBLIC HEARINGS (None)

 

V.   CLOSED SESSION (Items CS-1-SCS4)

 

GENERAL ADMINISTRATION

 

CS-1.

County Executive Office - CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6:
Agency Negotiator:  Tom Hatch
Employee Organizations:  Orange County Employees Association (OCEA), Orange County Managers Association (OCMA), Association of County Law Enforcement Management (ACLEM), American Federation of State, County and Municipal Employees (AFSCME), Teamsters Local 952 (Teamsters), Orange County Attorneys Association (OCAA), Association of Orange County Deputy Sheriffs (AOCDS), International Union of Operating Engineers (IUOE), United Domestic Workers of America (UDWA), and other non-represented employees
RE:  Terms and conditions of employment

B.O.

HELD, NO REPORTABLE ACTION

 

 

County Counsel:

 

SCS2.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Cases:  Orange County Catholic Worker, et al. v. County of Orange, et al., United States District Court Case No. 8:18-cv-00155-DOC-JDE. David Ramirez, et al. v. County of Orange, United States District Court Case No. 8:18-cv-0220-DOC-JDE. Housing is a Human Right, Orange County, et al. v. County of Orange, et al., United States District Court Case No. 8:19-cv-00388-DOC-KES

B.O.

HELD, NO REPORTABLE ACTION

 

SCS3.

CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION - Pursuant to Government Code Section 54956.9(d)(1):
Name of Case:  Glenn Johnson v. County of Orange, WCAB Case No. ADJ Unassigned

B.O.

COUNTY COUNSEL READ:  THE BOARD UNANIMOUSLY APPROVED A PROPOSED SETTLEMENT IN THE WORKERS' COMPENSATION CASE GLENN JOHNSON V. COUNTY OF ORANGE. THE COMPROMISE AND RELEASE REMAINS SUBJECT TO THE FINAL APPROVAL OF OTHERS.  WHEN THE SETTLEMENT IS FINALIZED, COPIES OF THE AGREEMENT WILL BE MADE AVAILABLE THROUGH THE OFFICE OF CEO/RISK MANAGEMENT TO ANY PERSON WHO INQUIRES.

 

SCS4.

CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION - INITIATION OF LITIGATION - Pursuant to Government Code Section 54956.9(d)(4):
Number of Cases:  One Case

B.O.

HELD, NO REPORTABLE ACTION

 

VI.  PUBLIC, CEO, BOARD COMMENTS & ADJOURNMENT

 

PUBLIC COMMENTS:

Brigitte - Oral re: Election day; Public comments at Board Meetings; Illegal business at County with Judge's approval; County appointed fiduciary; newly elected supervisors agreeing or disagreeing with criminal cover-up

 

COUNTY EXECUTIVE OFFICER COMMENTS:

None

 

BOARD COMMENTS:

None

 

ADJOURNED:  1:56 P.M.

 

 

***  KEY  ***

Left Margin Notes

 

 

 

1. = Supervisor Do

A.  =   Abstained

2. = Supervisor Steel

X.  =   Excused

3. = Vacant

N.  =   No

4. = Supervisor Chaffee

BO =   Board Order

5. = Supervisor Bartlett

 

 

 

ORD.  = Ordinance

 

RESO. = Resolution

 

 

Above numbers refer to Supervisorial Districts (1st number = Moved by; 2nd number = Seconded by)

 

 

                                                                                                                                                           

 Chair, Orange County Board of Supervisors

                                                                                   

 

 

 

 

                                                                       

   Orange County Clerk of the Board